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Forum Owner Liabilities & Not Getting Sued

Discussion in 'Forum Management' started by techlh, Aug 15, 2006.

  1. #1
    I'm the owner of a very popular (and free) local "town talk" forum. Several times a year (usually around elections) the site gets really busy with people wanting to post their opinions and thoughts on candidates, issues, etc.

    Well, sometimes the people get a bit out of hand and post messages that could be considered 'slanderous'. I end up doing a lot of policing the forum during these times, and I also end up fielding phone calls from the police Chief, Mayor, etc. about some posts.

    I'm all for free speech, but I'm also for not getting sued. That's where (hopefully) you can help.

    If I set up a private forum on the site that is paid, and only the paid members can see it, and the users agree to some 'advanced' Terms of Service (such as my site can't be held liable, etc), can I get away with that? The forum will be considered PRIVATE and not public. If someone wants to say the Mayor is gay, they can.

    What do you think?
     
    techlh, Aug 15, 2006 IP
  2. Spacen

    Spacen Peon

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    #2
    I don't know about your forum but mine requires the user to read a TOS. My TOS states that each individual is responsible for their own words. Even if you don't have that, there is this thing called free speech that should protect you. If you were to get sued, I think it is likely that you could get free legal assistance from one of the many organizations out there that protect free speech rights.
     
    Spacen, Aug 15, 2006 IP
  3. techlh

    techlh Peon

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    #3
    During the last elections, someone posted a message about 'corruption in the police dept.'. They named a few names. I got calls from the police chief asking me (politely) to take down the messages, or at least *** out the names. There was another similar site which the police took down, and I don't want mine forced into any legal battles (although the traffic would prob skyrocket!).

    Basically I just want to protect myself and not be put into a position where I could get sued and/or receive some sort of STOP order from a judge.
     
    techlh, Aug 15, 2006 IP
  4. Spacen

    Spacen Peon

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    #4
    As a forum owner who has to deal with copyright issues, I understand.

    I think the only thing you have to worry about as far as legal threats comes from campaign laws and I doubt they would very much apply to your situation since you aren't the one posting this stuff.

    No reasonable judge would order your site taken down because of what one of your users posted while exercising their free speech rights. The most the police can do is politely ask you to remove information which it appears they have done. You don't have to comply with their requests. Granted, that would make for a rocky relationship with the police, but they have no legal grounds to make you remove information which casts them in bad light.

    Unfortunately in this day and age a law suit is always possible. In that case, a comprehensive TOS should protect you. Most people wouldn't go to those lengths, however, since it would draw even more attention to the information they wish to have removed.

    My best advice would be to tell them that it's an open forum and they are free to refute the charges against them.
     
    Spacen, Aug 15, 2006 IP
  5. mdvaldosta

    mdvaldosta Peon

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    #5
    I don't think, as a forum owner, you would have any responsibilies for what your users post. You're simply providing a venue for people to express themselves. If someone posts something slanderous, unless you just wanted to be helpful I don't see how it's your problem... that would be between the person posting the slander and the person getting slandered. Most that could happen (in my opinion) is the police getting a court order for you to turn over the identity of the person making the post.
     
    mdvaldosta, Aug 15, 2006 IP